By: Rodriguez, et al. S.B. No. 459
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the sale, storage, transportation, and disposal of
  scrap, unsafe, or used tires; providing a civil penalty; creating
  an offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 6, Business & Commerce Code, is amended by
  adding Chapter 205 to read as follows:
  CHAPTER 205.  SALE AND TRANSPORTATION OF SCRAP, UNSAFE, OR USED
  TIRES
         Sec. 205.001.  DEFINITIONS. In this chapter:
               (1)  "Scrap tire" and "used tire" have the meanings
  assigned to those terms by Section 361.1121, Health and Safety
  Code.
               (2)  "Unsafe tire" has the meaning assigned by Section
  547.201(c), Transportation Code.
         Sec. 205.002.  RETENTION AND DISPOSAL OF SCRAP OR UNSAFE
  TIRES. (a)  Except as provided by Subsection (c), a retail seller
  shall prohibit a customer from retaining a scrap tire or an unsafe
  tire removed from the customer's vehicle during the purchase of a
  tire.
         (b)  A retail seller who takes possession of a scrap tire or
  unsafe tire from a customer during a transaction described by
  Subsection (a) shall dispose of the scrap tire or unsafe tire
  according to local and state laws, including Section 361.112(c),
  Health and Safety Code.
         (c)  A retail seller is not required to prohibit a customer
  from retaining a scrap tire or unsafe tire removed from the
  customer's vehicle during the purchase of a tire if the customer
  certifies on a form prescribed by the Texas Commission on
  Environmental Quality that:
               (1)  the tire will be used in the customer's
  agricultural business; and
               (2)  the customer assumes liability for the tire.
         (d)  The Texas Commission on Environmental Quality shall
  develop the form described by Subsection (c) and shall make that
  form available on the commission's Internet website.
         Sec. 205.003.  TRANSPORTATION OF SCRAP, UNSAFE, OR USED
  TIRES. A retail seller of tires may contract for the transportation
  of scrap tires, unsafe tires, or used tires only with a scrap tire
  transporter or used tire transporter who:
               (1)  is registered as described by Section 361.1121(b),
  Health and Safety Code; and
               (2)  has filed evidence of financial assurance
  according to Section 361.1121(d), Health and Safety Code.
         Sec. 205.004.  CIVIL PENALTY. (a)  A person who violates
  this chapter is subject to a civil penalty in an amount not less
  than $500 for each violation. A separate penalty may be imposed for
  each day a violation occurs.
         (b)  The attorney general or the appropriate district or
  county attorney may bring an action against a person under this
  section in the name of the state in a district court in the county in
  which:
               (1)  the person resides; or
               (2)  the person's principal place of business is
  located.
         SECTION 2.  The heading to Section 361.112, Health and
  Safety Code, is amended to read as follows:
         Sec. 361.112.  STORAGE[, TRANSPORTATION,] AND DISPOSAL OF
  USED OR SCRAP TIRES.
         SECTION 3.  Section 361.112, Health and Safety Code, is
  amended by adding Subsection (n) to read as follows:
         (n)  A scrap tire generator or used tire generator, including
  a tire dealer, junkyard, or fleet operator, who stores scrap tires
  or used tires outdoors on its business premises shall store the
  scrap tires or used tires in a manner that may be made secure by
  locking.
         SECTION 4.  Subchapter C, Chapter 361, Health and Safety
  Code, is amended by adding Section 361.1121 to read as follows:
         Sec. 361.1121.  SCRAP AND USED TIRE TRANSPORTERS. (a)  In
  this section:
               (1)  "Scrap tire" means a tire that can no longer be
  used for its original intended purpose.
               (2)  "Scrap tire transporter" means a person who
  collects scrap tires from another person for the purpose of removal
  to a scrap tire processor, end user, or disposal facility.
               (3)  "Used tire" means a tire that:
                     (A)  has been used as a tire on a vehicle;
                     (B)  has tire tread at least one-sixteenth inch
  deep; and
                     (C)  can still be used for its original intended
  purpose.
               (4)  "Used tire transporter" means a person who
  collects used tires from another person for the purpose of removal
  to a scrap tire processor, end user, or disposal facility.
         (b)  A scrap tire transporter or used tire transporter shall
  register with the commission unless the scrap tire transporter or
  used tire transporter is:
               (1)  a retreader who transports retreadable casings; or
               (2)  a person who transports scrap tires or used tires
  that are intended for use in that person's agricultural business
  and who does not transport at one time a number of scrap tires or
  used tires that exceeds a number determined by commission rule.
         (c)  A scrap tire transporter or used tire transporter who is
  required to register with the commission shall:
               (1)  obtain a surety bond from a surety company
  authorized to transact business in this state;
               (2)  establish a trust account; or
               (3)  obtain an irrevocable letter of credit.
         (d)  The bond, trust account, or irrevocable letter of credit
  described by Subsection (c) must be:
               (1)  filed with the commission;
               (2)  in an amount of $100,000 or more; and
               (3)  in favor of this state.
         (e)  Money that the commission receives from a bond, trust
  account, or letter of credit obtained to meet the requirements of
  Subsection (c) may be used for the cleanup of abandoned tire storage
  sites.
         (f)  The commission shall require a scrap tire transporter or
  used tire transporter to maintain records and use a manifest or
  other appropriate system to assure that tires are transported to a
  storage site that is registered or to a site or facility authorized
  by the commission.
         SECTION 5.  Section 547.201, Transportation Code, is amended
  by adding Subsections (c), (d), (e), and (f) to read as follows:
         (c)  A person may not sell at retail an unsafe tire.  In this
  subsection, "unsafe tire" means a passenger or light truck tire
  that:
               (1)  has tire tread less than one-sixteenth inch deep;
               (2)  has chunking, bumps, knots, or bulges evidencing
  cord, ply, or tread separation from the casing or other adjacent
  material;
               (3)  has exposed tire cords or belting material as a
  result of damage to the tire;
               (4)  has a repair to the tire in the tread shoulder,
  sidewall, bead area, or belt edge area;
               (5)  has a puncture that has not been sealed or patched
  on the inside with a cured rubber stem or plug that extends through
  to the outside surface;
               (6)  does not clearly show the United States Department
  of Transportation tire identification number located on the
  sidewall of the tire;
               (7)  is subject to a manufacturer's safety recall;
               (8)  has a puncture larger than one-quarter inch; or
               (9)  does not otherwise meet department safety
  standards under Section 547.101.
         (d)  Subsection (c) does not apply to a mounted tire sold
  with a used vehicle.
         (e)  A person commits an offense under Subsection (c) for the
  sale of an unsafe tire described by Subsection (c)(7) only if the
  seller of the tire knew or had reason to know that the tire was
  subject to a manufacturer's safety recall at the time of the sale.
         (f)  A person who violates Subsection (c) commits an offense.
  An offense under this subsection is a Class A misdemeanor.
         SECTION 6.  Subsection (a), Section 7.303, Water Code, is
  amended to read as follows:
         (a)  This section applies to a license, certificate, or
  registration issued:
               (1)  by the commission under:
                     (A)  Section 26.0301;
                     (B)  Chapter 37;
                     (C)  Section 361.0861, 361.092, [or] 361.112, or
  361.1121, Health and Safety Code;
                     (D)  Chapter 366, 371, or 401, Health and Safety
  Code; or
                     (E)  Chapter 1903, Occupations Code;
               (2)  by a county under Subchapter E, Chapter 361,
  Health and Safety Code; or
               (3)  under a rule adopted under any of those
  provisions.
         SECTION 7.  Subsection (g), Section 361.112, Health and
  Safety Code, is repealed.
         SECTION 8.  This Act takes effect September 1, 2013.